A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 21, 2009, and issued a summary order of KRW 3 million for the same crime at the same court on November 9, 2015.

On October 30, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.102% from the 100km section to the point 141.6 km away from the river located in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-si to the Jin-si in the Gosung-si, Jin-si. The Defendant was driving on the B rocketing car under the influence of alcohol content of about 100km from the blood alcohol content to the point 141.6 km away from the Busan Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) is that the Defendant, as stated in the facts constituting a crime, has a record of being sentenced to a fine as a crime of violating the Road Traffic Act, is the reason for sentencing unfavorable to the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no record of punishment heavier than that of the suspension of execution for the same kind of crime, and that the defendant has no record of punishment.